NEETU Vs. MOUNESHWAR

JUDGEMENT

(1.) The trial Court has by the impugned order come to the conclusion that the market value of suit property was to be computed under Sec. 7(2) of Karnataka Court Fees and Suits Valuation Act and the plaintiff had accordingly valued the suit in terms of Sec. 7(2) by determining the market value by multiplying revenue assessment by 25 times.

(2.) Learned counsel for petitioner contends that plaintiff ought to have valued the suit as per the actual market value i.e., the market value as determined under Karnataka Stamp Act.

(3.) Sec. 7(2) of Karnataka Court Fees and Suits Valuation Act categorically states that in respect of suit for preemption (under Sec. 31 ), market value should be deemed to be as specified in Sub-clause (a) to (d) of Sec. 7(2) . The land in question has been admittedly assessed to revenue, the plaintiff has therefore rightly valued the suit at 25 times of revenue payable. The trial Court was therefore justified in accepting the valuation made by the plaintiff.